Pleading guilty is the number one mistake made in DUI Defense.

The following list is only a general overview of the penalties for DUI convictions in Tennessee. If you are charged with DUI you should consult with an experienced DUI attorney concerning the facts and circumstances in your individual case.

The Tennessee DUI statute is codified at 55-10-401. That section states: “It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the State, any shopping center, trailer park, apartment house complex or any other location which is generally frequented by the public at large, while:

under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system or combination thereof that impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of himself which he would otherwise possess.

the alcohol concentration in the person’s blood or breath is eight-hundreths of one percent (0.08%) or more; or

With a blood alcohol concentration of four-hundreths of one percent (0.04%) and the vehicle is a commercial motor vehicle

1st offense DUI – Class A misdemeanor

Up to 11 months and 29 days in jail with a mandatory minimum of 48 hours to serve. If breath or blood results are .20 or greater, the mandatory minimum is 7 days to serve.

$350.00 fine

3 days public works

DUI school

1 year loss of license (restricted license available for a TN licensee with an interlock)

2nd offense: Class A misdemeanor

Up to 11 months and 29 days in jail with a mandatory minimum of 45 days to serve.

$600.00-$3,500.00 fine

2 year loss of license (restricted license available for a TN licensee with an interlock)

Interlock required for an additional 6 months after reinstatement

Seizure of vehicle

3rd offense: Class A misdemeanor

Up to 11 months and 29 days in jail with a mandatory minimum of 120 days to serve.

$1,100.00 -$10,000.00 fine

6 year loss of license (restricted license available for a TN licensee with an interlock)

Interlock required for an additional 6 months after reinstatement

Seizure of vehicle

4th offense or greater: Felony

Up to 6 years in jail with a mandatory minimum of 150 days to serve.

$3,000.00 -$15,000.00 fine

8 year loss of license (restricted license available for a TN licensee with an interlock)

Interlock required for an additional 6 months after reinstatement

Seizure of vehicle

Note: If at the time of the DUI offense, the person was accompanied by a child under 18 years of age, the person’s sentence shall be enhanced by a mandatory minimum of 30 days to be served in addition to the penalty for the DUI and an additional $1,000.00 fine.

DUI Convictions are for Life

It is important to be aware that DUI, unlike many other crimes, is not expungeable from your record unless your case is won or dismissed. A DUI conviction remains on your record for life.

For this reason, there are many other unforseen collateral consequences of a DUI conviction in addition to the statutory penalties listed above.

A few examples are:

Loss of car insurance or sky high premiums

Loss of job due to negative impact on a professional license or security clearance; additionally, many military offenders will suffer sanctions within the military in addition to the state penalties such as loss of driving privileges on base, loss of rank, and suspended pay

Inability to travel freely outside of the United States

Immigration problems

Inability to get certain jobs

Let Me Help

Due to the serious nature of this kind of offense, the mandatory jail time even for a first offense, and the many often unforeseen collateral consequences that may exist depending on your individual circumstances, it is important to consult with an experienced DUI defense lawyer as soon as possible.

To answer all of your questions thoroughly and honestly as they come up

To aggressively defend your rights and interests to the best of our ability within the rules of ethics and the law.

Andrea Hayduk

Andrea Hayduk is an experienced Tennessee criminal defense and DUI defense attorney dedicated to responding to each client’s individual needs and concerns.
She takes the time to give each client the personal attention that he or she deserves.
Mrs. Hayduk cares about the client and works to protect his or her future and criminal record.

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